Bill Text: CA AB2673 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hospice agency licensure: moratorium on new licenses.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 797, Statutes of 2022. [AB2673 Detail]

Download: California-2021-AB2673-Amended.html

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Amended  IN  Assembly  March 31, 2022

Amended  IN  Assembly  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2673

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Introduced by Assembly Member Irwin
(Principal coauthor: Senator Allen)

February 18, 2022

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An act to amend Sections 21070 and 21080.4 of the Public Resources Code, relating to environmental quality. Section 1751.70 of the Health and Safety Code, relating to hospice.

LEGISLATIVE COUNSEL'S DIGEST

AB 2673, as amended, Irwin. California Environmental Quality Act: trustee agencies. Hospice licensure: moratorium on new licenses.

The California Hospice Licensure Act of 1990 requires a person, political subdivision of the state, or other governmental agency to obtain a license from the State Department of Public Health to provide hospice services to an individual who is experiencing the last phase of life due to a terminal disease, as defined, and their family, except as provided. The act also provides for the renewal of a license. The act imposes criminal penalties on any person who violates any provision of the act or any rule or regulation promulgated under the act.

Existing law imposes a moratorium on the department issuing a new license to provide hospice services, except as specified. Existing law requires the moratorium to end on the earlier of 365 days from the date that the California State Auditor publishes a report on hospice licensure or on January 1, 2027, when the moratorium provisions are repealed.

This bill, instead, would require the moratorium to end on the earlier of January 1, 2027, or 2 years from the date that the California State Auditor publishes a report on hospice licensure.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Before determining whether a negative declaration or an EIR is required for a project, CEQA requires the lead agency to consult with all responsible agencies and trustee agencies. CEQA defines a trustee agency as a state agency that has jurisdiction by law over natural resources affected by a project that are held in trust for people of the State of California. The existing guidelines for the implementation of CEQA define “trustee agency” to include the Department of Fish and Wildlife, the State Lands Commission, the Department of Parks and Recreation, and the Regents of the University of California, as specified.

This bill would expressly include those 4 state entities set forth in the guidelines as trustee agencies in regard to specified natural resources and properties within their respective jurisdictions.

CEQA requires a lead agency, if it determines that an EIR is required for a project, to immediately send notice of that determination to certain public agencies, including those public agencies having jurisdiction over natural resources affected by the project that are held in trust for the people of the state.

This bill would instead require the lead agency to send the notice to any relevant trustee agency, as defined above, with jurisdiction over natural resources affected by the project that are held in trust for the people of the state.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1751.70 of the Health and Safety Code is amended to read:

1751.70.

 Notwithstanding any other law and except as provided in Section 1751.75, on and after January 1, 2022, and until 365 days two years from the date that the California State Auditor publishes a report on hospice licensure, the department shall not issue a new license to operate a hospice pursuant to this chapter.

SECTION 1.Section 21070 of the Public Resources Code is amended to read:

21070.

“Trustee agency” means a state agency that has jurisdiction by law over natural resources affected by a project, that are held in trust for the people of the State of California, including, but not limited to, any of the following:

(a)The Department of Fish and Wildlife with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department.

(b)The State Lands Commission with regard to state-owned sovereign lands, such as the beds of navigable waters and state school lands.

(c)The Department of Parks and Recreation with regard to units of the state park system.

(d)The Regents of the University of California with regard to sites within the University of California Natural Reserve System.

SEC. 2.Section 21080.4 of the Public Resources Code is amended to read:

21080.4.

(a)If a lead agency determines that an environmental impact report is required for a project, the lead agency shall immediately send notice of that determination by certified mail, email, or an equivalent procedure to each responsible agency, the Office of Planning and Research, and any relevant trustee agencies with jurisdiction over natural resources affected by the project that are held in trust for the people of the State of California. Upon receipt of the notice, each responsible agency, the office, and each relevant trustee agency with jurisdiction over natural resources affected by the project that are held in trust for the people of the State of California shall specify to the lead agency the scope and content of the environmental information that is germane to the statutory responsibilities of that responsible agency, the office, or the relevant trustee agency in connection with the proposed project and which, pursuant to the requirements of this division, shall be included in the environmental impact report. The information shall be specified in writing and shall be communicated to the lead agency by certified mail, email, or an equivalent procedure not later than 30 days after the date of receipt of the notice of the lead agency’s determination. The lead agency shall request similar guidance from appropriate federal agencies.

(b)To expedite the requirements of subdivision (a), the lead agency, any responsible agency, the Office of Planning and Research, or a relevant trustee agency with jurisdiction over natural resources affected by the project that are held in trust for the people of the State of California, may request one or more meetings between representatives of those agencies and the office for the purpose of assisting the lead agency to determine the scope and content of the environmental information that any of those responsible agencies, the office, or the relevant trustee agencies may require. In the case of a project described in subdivision (c) of Section 21065, the request may also be made by the project applicant. The meetings shall be convened by the lead agency as soon as possible, but not later than 30 days after the date that the meeting was requested.

(c)To expedite the requirements of subdivision (a), the Office of Planning and Research, upon request of a lead agency, shall assist the lead agency in determining the various responsible agencies, relevant trustee agencies with jurisdiction over natural resources affected by the project that are held in trust for the people of the State of California, and any federal agencies that have responsibility for carrying out or approving a proposed project. In the case of a project described in subdivision (c) of Section 21065, that request may also be made by the project applicant.

(d)With respect to the Department of Transportation, and with respect to any state agency that is a responsible agency or a relevant trustee agency with jurisdiction over natural resources affected by the project that are held in trust for the people of the State of California, subject to the requirements of subdivision (a), the Office of Planning and Research shall ensure that the information required by subdivision (a) is transmitted to the lead agency, and that affected agencies are notified regarding meetings to be held upon request pursuant to subdivision (b), within the required time period.